Why every business, big or small, should consider applying to register trademarks

Erik K Pelton

Listed to this brief video (less than 3 minutes) as I discuss the many benefits adding up to show why trademark registration is an incredibly valuable investment for an small business, new business, established business, old business, or big businesses – for any business!

GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S. Customs and Border Protection to Stop Infringing Imports

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports.


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Conducting a Trademark Search in India – Everything You Must Know


The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. It is undoubtedly imperative to register your brand or business name as a trademark, especially in today’s world where first copies are easily available.

Protecting your Trademark from Non-Use Cancellation


It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. So, let us discuss the best way to ensure ‘use’ of your trademark. Why Does a Trademark Need to be Used?

USPTO Outlines Trademarks Administrative Sanctions Process

IP Watchdog

Patent and Trademark Office today announced in an unpublished Federal Register Notice that it has established an administrative process for investigating submissions filed with the USPTO in trademark matters that appear to violate the Trademark Rules of Practice. The U.S.

USPTO Imposes Sanctions on Flagrant Fraudulent Filer

IP Watchdog

On Friday, December 10, the United States Patent and Trademark Office (USPTO) issued a “Show Cause Order” imposing sanctions against Huanyee Intellectual Property Co.,

Can You Trademark A Hashtag?


Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Why Take the Trademark Route? The trademark utilizing the hashtag must be distinctive in nature.

Here’s What Businesses Need to Know About a Non-Disclosure Agreement


IP in different forms like trademarks, copyright, patents, and industrial designs acts as a seal of distinctiveness, quality, and authority for every other company. For maintaining a competitive edge in the market, businesses need to keep innovating.

Position Marks


A registered position trademark protects a feature as applied to a given product in a specific and distinctive position. A position trademark ensures the protection of the mark on a particular object, which cannot be registered as a separate mark.

3D Shape Trademark on Cars


Trademarks indicate the origin of a product. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character.

Understanding Freedom to Operate (FTO) Concerning IP & Patents


Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement.

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Commerce Office of Inspector General Says USPTO is Failing to Prevent Fraudulent Trademark Registrations

IP Watchdog

Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. The report ultimately found that the trademark registration process was ineffective in this respect.

Can You Seek a Patent on Life Forms?


Chakraborty had developed a bacterium that could digest crude oil that could help in oil-spillage, which was not something naturally found in bacteria for which a Patent Application was made to the US Patent and Trademark Office (USPTO).

The Infamous Defense of Inequitable Conduct


What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles.

Understanding Assignment of Copyright


Copyright is a bundle of rights and can be exploited in several ways independently from each other.

Enroll in Amazon’s Brand Registry 2.0… But Only if You Own a Registered Trademark

KMK Blog

If you sell private label products on Amazon, please listen up! Amazon recently released its Brand Registry 2.0. The new and improved Brand Registry is Amazon’s most recent attempt to combat brand violations on its online marketplace

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory


The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. In May 2007, the label mark ‘SOYA DROP’ was registered. Overview.

Saving your Mark from Trademark Genericide


Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? It takes several years before a trademark becomes a victim of genericide.

Understanding Compulsory Licensing and Access to Essentials


Blog Intellectual Property Rights cautionary notices intellectual property law intellectual property rights (iprs) ip attorney ip right protection ip rights ip rights management Kashishipr kipr register trademark trademark trademark registration Trademark Registration Online

Trademark Examiner Reports: Common Objections

Sander Law

Trademark Examiner Reports: Common Objections. The objections raised by a Trademark Examiner generally fall into one or more of the following categories: Goods & Services Statement. Confusion with another trademark. Learn more about Trademark Confusion.

Evergreening of Patents


The Importance of Trademark Clearance Searches for Businesses


The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Part of this research includes performing a Trademark Clearance Search. Elements of Trademark Clearance. Types of Trademark Searches.

Trademarks: NICE Classification

Sander Law

Trademarks: NICE classification. The NICE classification is a system for classifying goods and services that is used when applying for trademark registration. Ready to protect your trademark? Contact Sander Law to file your trademark application!

All About Provisional Patent Applications


Therefore, when the complete specification is filed within 12 months of filing the provisional application, the date of application for claiming the invention will be the date on which the provisional application was registered.

Considering Intellectual Property Rights as a Collateral


In business parlance, assets can be divided into two major classes of tangible and intangible resources.

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws


Blog Copyright Patent cautionary notices copyright laws intellectual property law ip attorney ip right protection ip rights ip rights management Kashishipr kipr Patent Law register trademark trademark trademark registration Trademark Registration Online

Copyright Protection for Choreographic Works


The same stands true for the ‘walking against the wind’ dance, popularized by Bill Bailey yet not registered and claimed. It is, therefore, interesting to note how an iconic or original dance step can be registered. Why Consider Registering a Copyright?

Licensing of Trademarks


A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization.

Can Common Terms Be Trademarked?


A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. ’ How are then these common words registered as a trademark?

Trademarks: Descriptiveness Objection

Sander Law

Trademarks: Descriptiveness Objection. One potential objection an Examiner may raise in an Examiner Report is that the applied for trademark is either: 1) clearly descriptive of the products or services sold under the trademark; or.

Dealing with Counterfeits on E-Commerce Websites


The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing.

Limited Edition Products: Can they be Protected under IP Law?


Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark.

Traditional Knowledge and Conservation of Biodiversity


Blog cautionary notices Conservation of Biodiversity intellectual property law ip attorney ip right protection ip rights ip rights management Kashishipr kipr register trademark trademark trademark registration Trademark Registration Online Traditional Knowledge

Protecting Recipes through Intellectual Property Rights


With the emergence of a cosmopolitan touch in the food and beverage industry through the introduction of celebrity chefs and mixologists as well as experimental, custom-made, creative dining experiences all over the world, culinary creations, including drinks and food, have become a crucial and valuable business asset.

Trade Secrets over Patents? What is the Right Choice for You?


When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents.

The Concept of Family of Trademarks


What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks.

Domain Name Dispute Settlement


The dispute of domain name is a conflict that arises when more than one individual or group believes that they have the right to register a particular domain name. The domain name is registered or used maliciously. Domain name disputes have evolved like internet Trademark Infringement.

Customs Intervention for IP in the Indian Sub-Continent


Images of genuine goods (for trademarks and designs). Recordation of IPRs cannot be done beforehand; however, the Customs authority is empowered to intervene upon the application by a registered IP rights holder.

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How much does a TMA petition for trademark nonuse cost?

Patent Trademark Blog

What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. Under the Trademark Modernization Act (TMA), a petition may be filed for complete or partial cancellation of a trademark registration based on nonuse.

Can Trademark Protection be Extended to Cryptocurrency?


Several courts have had trouble in applying substantive Trademark Law to this field of technology. It may also be a proactive threat to trademark owners; thus, this article delves into the question of whether or not a name or logo of a cryptocurrency can function as a legitimate trademark.

Taxation of Intellectual Property: A Comparative Note


As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. Today, companies are increasingly placing a huge amount of enterprise value on Intellectual Property (IP).

Can Intellectual Property Rights Safeguard Your Blog?


The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The mode of registering copyright has been eased by most of the jurisdictions by providing for online and offline formats.

Modularity and Intellectual Property Rights: A Strategic Consideration


What is Modularity? The concept of modularity has become a common debate due to the vast outreach of consumers and industrial growth. The concept focuses on the notion of distributed innovation in the contemporary global economy.